Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/Case Law/2018-2019/3524

Whether the services rendered by the applicant can be classified as export of service as per IGST Act, 2017?
Case- Vserv Global (P) Ltd
Citation- Order No. GST_ARA-03/2018-19/B-59
Issue- Whether the services rendered by the applicant can be classified as export of service as per IGST Act, 2017?
Brief Facts-
  • Vserve Global Private Limited is a Mumbai based company which is engaged in providing back office support services to foreign clients. The clients are mostly involved in the business of trading chemicals and other products in International trade.
  • Following services are offered by Vserve Global:
  • Coordinating with suppliers and customers of clients for execution of purchase and sales contracts.
  • Creating and arranging all the documents (purchase order, sales contract, proforma invoice etc.) to be exchanged between clients and their suppliers/customers.
  • Liaising with suppliers/inspection authorities on behalf of clients.
  • Processing of payments for clients and arranging inspection certificates.
  • On behalf of clients, maintaining the employee records, payroll processing, accounting of payments made by clients etc.
 Vserv Global posed a question before the Maharashtra Authority for Advance Ruling (AAR) that whether the above mentioned services provided to the clients would qualify as ‘zero-rated supply’ in terms of section 16 of IGST Act, 2017?
Applicant’s contentions: Vserv Global contended that it fulfils all the conditions required for the services to qualify as ‘export of services’ and hence, covered under the definition of ‘zero-rated supply’. It also stated that if any supply of goods between clients and their customer is facilitated due to its back office or accounting services provided to clients, then such facilitation is merely incidental to the principal supply. Further, it is providing services on principal-to-principal basis, therefore, it should excluded from the definition of an intermediary. Vserv Global stated that the facts of the case are similar to the case of GoDaddy India Web Services Private Limited where it was ruled that the services (marketing, branding etc.) provided to the oversees parent company shall qualify as export of service.
Reasons of judgment and decision:
  • AAR observed that all the activities performed by Vserv Global for its clients indicate that the company is engaged in ‘arranging/facilitating’ supply of goods or services between clients and their customers. Therefore, it qualifies as an intermediary.
  • AAR also clarified that the facts of the case in question are not similar to that of Godaddy as in the latter’s case, support services were provided on principal-to-principal basis and were provided with the sole intention of promoting the brand Godaddy US in India.
  • AAR held that to qualify a transaction as export of services, it has to satisfy all five components of the definition of services export simultaneously. The services, proposed to rendered by the applicant, do not qualify as ‘export of services’ and thus, not a ‘zero rated supply’ as per section 16(1) of the IGST Act, it had ruled.
Comments-In the erstwhile service tax regime, an intermediary was seen in the context of broker services and the concept was not extended to support services.  Hence, it can be noted that the said ruling by the AAR is contrary to the earlier position of the government in the previous service tax regime.
Both Godaddy and Vserv Global approached the Authority of Advance Ruling with one question – would they meet the definition of an intermediary? The Delhi AAR said ‘No’ to Godaddy whereas the Mumbai AAR said ‘Yes’ in case of Vserv Global. India being a hub for export of an array of information technology enabled services, this contrary ruling has created a panic in the market.
In the matter of NES Global Specialist Engineering Services Private Ltd (NES India), which had proposed to enter into agreement with another subsidiary (NES Abu Dhabi) of its parent (NES UK), the AAR-Maha felt that the transaction was ‘Zero Rated Supply’, and also an export of service under the GST Act — which meant no GST. However, when a similar issue was raised in the matter involving Vserv (Vserve Global Private Ltd) before the same AAR, the response was quite opposite.
Further, the ruling may result in a substantial tax demand from some of industries biggest players since India is amongst the largest exporter of ITeS. Generally AAR rulings are not binding and have no precedent value; this particular ruling will cause serious confusion and may lead to unwarranted disputes.
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com